My wife and I changing mortgage lender for our apartment in Balham with Nottingham. We have a son approaching twenty who lives at home. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is repossessed. I have a couple of concerns (1) Is this document specific to the Nottingham conveyancing panel as he never had to sign this form when we purchased 4 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your Nottingham conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Nottingham. This is solely used to protect Nottingham if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Nottingham had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Finally the sale completed on my house in Balham last January yet the purchaser is e-mailing me to say his solicitor is waiting to hear from mine. What should my lawyer have done following completion?
After completion of your disposal your conveyancer is committed to forward the transfer deeds and all supplemental paperwork to the buyer’s solicitors. If applicable, your lawyer should also evidence that the mortgage has been repaid to the purchasers solicitors. There is unlikely to be post completion steps unique to conveyancing in Balham.
I have an AIP. The bank mentioned the home loan came with free conveyancing. Is the implication that I have to use their panel conveyancer as I would much rather use a high street conveyancing solicitor in Balham?
Do check but the chances are that allocate you one of their panel lawyers where you take up the "fee-free" offer. Contact the lender to check if they offer you a cash alternative. Some mortgage companies have previously offered a £250 cashback as an alternative in which case you could put that amount towards the cost for your conveyancing solicitor in Balham.
What can a local search reveal regarding the property I am purchasing in Balham?
Balham conveyancing often starts with the applying for local authority searches directly from your local Authority or through a personal search company for example Onsearch The local search plays a central part in most Balham conveyancing purchase; that is if you wish to avoid any unpleasant once you have moved into your new home. The search should provide data on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject headings.
My husband and I are a couple of weeks into a residential purchase having been recommend to solicitors by the estate agent to carry out the conveyancing in Balham. I am am very frustrated with the level of service. Can you you assist me in finding new solicitors?
They would have to be very poor to suggest changing them. Has the mortgage offer been sent? If so you need to inform them of the new contact details and have the loan are issued to the new lawyers. Your conveyancer should be on the lenders panel to avoid escalating fees and frustration. That should be your starting point. The find a solicitor tool will help you find a lender approved conveyancer for your home move in Balham
My wife and I have agreed a price on a Balham flat we inherited 8 years ago in 2011. I have over a decades worth of conveyancing experience and, although retired, see no reason not to undertake the conveyancing. The buyer's conveyancing practitioner has informed me that their mortgage company will not allow you to do your own conveyancing insisting the funds to be transferred to a solicitor's bank account.
Mortgage requirements to conveyancers from all mainstream lenders specify that If the vendor does not have legal representation the purchaser’s lawyers should check whether the lender needs to be informed so that a decision can be made as to whether they are willing to move forward.